John Allen Rubio’s defense team alleges false testimony in push to halt execution
Brownsville, TX (KRGV) — John Allen Rubio’s legal team filed a motion on Wednesday, asking the Texas Court of Criminal Appeals to stop his Nov. 12, 2026, execution while the court considers a new court challenge, according to court records.
Rubio and his common-law wife, Angela Camacho, were both convicted in the 2003 deaths of 3-year-old Julissa, 1-year-old John, and 2-month-old Mary Jane. Camacho is serving life behind bars.
Investigators say Rubio and Camacho killed the children because they couldn't support them financially. Since his arrest in 2003, Rubio has claimed his children were possessed by demons.
‘Everybody was seeing me as a monster:’ Exclusive interview with John Allen Rubio
The filing says prosecutors used false testimony from Dr. Michael Welner in Rubio’s 2010 retrial and did not correct it. The filing says Welner told jurors Rubio was not taking antipsychotic medication and did not show signs of psychosis before trial.
Rubio’s lawyers argue prison and jail records show he took antipsychotic medication for years and still showed severe psychotic symptoms. They say prosecutors had those records and gave them to Welner.
The filing says the state used Welner’s testimony to challenge Rubio’s insanity defense and later to argue against mitigation at sentencing. Rubio’s lawyers asked the court to grant relief or send the claim back to the trial court for a hearing.
“There is a reasonable likelihood that at least one juror would have voted differently had the state corrected its star witness — thereby emphasizing the authenticity of Rubio’s symptoms and the effect of his medication,” the filing states.
Cameron County District Attorney Luis V. Saenz said his office was aware of the appeal.
In a statement, Saenz described the appeal as “yet another last-minute, cowardly legal effort by Rubio to avoid being held accountable for his heinous criminal conduct. We will vigorously fight and oppose his motion and, like in the past, we will prevail.”
Judge Noe Gonzalez found Rubio competent to be executed during an Oct. 7, 2026, hearing after two experts evaluated him and reached the same conclusion.
READ MORE: 'You're going to meet your father, the Devil:' John Allen Rubio found competent to be executed
More News
